The speech is vehement; but the great position, that grievances ought to be redressed before supplies are granted, is agreeable enough to law and reason: nor was Waller, if his biographer may be credited, such an enemy to the king, as not to wish his distresses lightened; for he relates, “that the king sent particularly to Waller, to second his demand of some subsidies to pay off the army, and Sir Henry Vane objecting against first voting a supply, because the king would not accept unless it came up to his proportion, Mr. Waller spoke earnestly to Sir Thomas Jermyn, comptroller of the household, to save his master from the effects of so bold a falsity; ‘for,’ he said, ‘I am but a country gentleman, and cannot pretend to know the king’s mind:’ but Sir Thomas durst not contradict the secretary; and his son, the Earl of St. Albans, afterwards told Mr. Waller, that his father’s cowardice ruined the king.”

In the Long Parliament, which, unhappily for the nation, met Nov. 3, 1640, Waller represented Agmondesham the third time; and was considered by the discontented party as a man sufficiently trusty and acrimonious to be employed in managing the prosecution of Judge Crawley, for his opinion in favour of ship-money; and his speech shows that he did not disappoint their expectations.  He was probably the more ardent, as his uncle Hampden had been particularly engaged in the dispute, and, by a sentence which seems generally to be thought unconstitutional, particularly injured.

He was not, however, a bigot to his party, nor adopted all their opinions.  When the great question, whether Episcopacy ought to be abolished, was debated, he spoke against the innovation so coolly, so reasonably, and so firmly, that it is not without great injury to his name that his speech, which was as follows, has been hitherto omitted in his works:

“There is no doubt but the sense of what this nation had suffered from the present bishops hath produced these complaints; and the apprehensions men have of suffering the like, in time to come, make so many desire the taking away of Episcopacy: but I conceive it is possible that we may not, now, take a right measure of the minds of the people by their petitions; for, when they subscribed them, the bishops were armed with a dangerous commission of making new canons, imposing new oaths, and the like; but now we have disarmed them of that power.  These petitioners lately did look upon Episcopacy as a beast armed with horns and claws; but now that we have cut and pared them (and may, if we see cause, yet reduce it into narrower bounds), it may, perhaps, be more agreeable.  Howsoever, if they be still in passion, it becomes us soberly to consider the right use and antiquity thereof; and not to comply further with a general desire, than may stand with a general good.

“We have already showed that Episcopacy and the evils thereof are mingled like water and oil; we have also, in part, severed them; but I believe you will find, that our laws and the present government of the Church are mingled like wine and water; so inseparable, that the abrogation of, at least, a hundred of our laws is desired in these petitions.  I have often heard a noble answer of the Lords, commended in this House, to a proposition of like nature, but of less consequence; they gave no other reason of their refusal but this, ‘Nolumus mutare Leges Angliæ:’ it was the bishops who so answered them; and it would become the dignity and wisdom of this House to answer the people, now, with a ‘Nolumus mutare.’

“I see some are moved with a number of hands against the bishops; which, I confess, rather inclines me to their defence; for I look upon Episcopacy as a counterscarp, or outwork; which, if it be taken by this assault of the people, and, withal, this mystery once revealed, ‘that we must deny them nothing when they ask it thus in troops,’ we may, in the next place, have as hard a task to defend our property, as we have lately had to recover it from the Prerogative.  If, by multiplying hands and petitions, they prevail for an equality in things ecclesiastical, the next demand perhaps may be Lex Agraria, the like equality in things temporal.

“The Roman story tells us, that when the people began to flock about the Senate, and were more curious to direct and know what was done, than to obey, that Commonwealth soon came to ruin; their Legem regare grew quickly to be a Legem ferre: and after, when their legions had found that they could make a Dictator, they never suffered the Senate to have a voice any more in such election.

“If these great innovations proceed, I shall expect a flat and level in learning too, as well as in Church preferments: Hones alit Artes.  And though it be true, that grave and pious men do study for learning-sake, and embrace virtue for itself; yet it is true, that youth, which is the season when learning is gotten, is not without ambition; nor will ever take pains to excel in anything, when there is not some hope of excelling others in reward and dignity.

“There are two reasons chiefly alleged against our Church government.

“First, Scripture, which, as some men think, points out another form.

“Second, the abuses of the present superiors.

“For Scripture, I will not dispute it in this place; but I am confident that, whenever an equal division of lands and goods shall be desired, there will be as many places in Scripture found out, which seem to favour that, as there are now alleged against the prelacy or preferment of the Church.  And, as for abuses, when you are now in the remonstrance told what this and that poor man hath suffered by the bishops, you may be presented with a thousand instances of poor men that have received hard measure from their landlords; and of worldly goods abused, to the injury of others, and disadvantage of the owners.

“And therefore, Mr. Speaker, my humble motion is that we may settle men’s minds herein; and by a question, declare our resolution, ‘to reform,’ that is, ‘not to abolish, Episcopacy.’”

It cannot but be wished that he, who could speak in this manner, had been able to act with spirit and uniformity.

When the Commons begun to set the royal authority at open defiance, Waller is said to have withdrawn from the House, and to have returned with the king’s permission; and, when the king set up his standard, he sent him a thousand broad-pieces.  He continued, however, to sit in the rebellious conventicle; but “spoke,” says Clarendon, “with great sharpness and freedom, which, now there was no danger of being out-voted, was not restrained; and therefore used as an argument against those who were gone upon pretence that they were not suffered to deliver their opinion freely in the House, which could not be believed, when all men knew what liberty Mr. Waller took, and spoke every day with impunity against the sense and proceedings of the House.”

Waller, as he continued to sit, was one of the commissioners nominated by the Parliament to treat with the king at Oxford; and when they were presented, the king said to him, “Though you are the last, you are not the lowest nor the least in my favour.”  Whitelock, who, being another of the commissioners, was witness of this kindness, imputes it to the king’s knowledge of the plot, in which Waller appeared afterwards to have been engaged against the Parliament.  Fenton, with equal probability, believes that his attempt to promote the royal cause arose from his sensibility of the king’s tenderness.  Whitelock says nothing of his behaviour at Oxford: he was sent with several others to add pomp to the commission, but was not one of those to whom the trust of treating was imparted.

The engagement, known by the name of Waller’s plot, was soon afterwards discovered.  Waller had a brother-in-law, Tomkyns, who was clerk of the queen’s council, and at the same time had a very numerous acquaintance, and great influence, in the city.  Waller and he, conversing with great confidence, told both their own secrets and those of their friends; and, surveying the wide extent of their conversation, imagined that they found in the majority of all ranks great disapprobation of the violence of the Commons, and unwillingness to continue the war.  They knew that many favoured the king, whose fear concealed their loyalty; and many desired peace, though they durst not oppose the clamour for war; and they imagined that, if those who had these good intentions should be informed of their own strength, and enabled by intelligence to act together, they might overpower the fury of sedition, by refusing to comply with the ordinance for the twentieth part, and the other taxes levied for the support of the rebel army, and by uniting great numbers in a petition for peace.  They proceeded with great caution.  Three only met in one place, and no man was allowed to impart the plot to more than two others; so that, if any should be suspected or seized, more than three could not be endangered.

Lord Conway joined in the design, and, Clarendon imagines, incidentally mingled, as he was a soldier, some martial hopes or projects, which however were only mentioned, the main design being to bring the loyal inhabitants to the knowledge of each other; for which purpose there was to be appointed one in every district, to distinguish the friends of the king, the adherents to the Parliament, and the neutrals.  How far they proceeded does not appear; the result of their inquiry, as Pym declared, was, that within the walls, for one that was for the Royalists, there were three against them; but that without the walls, for one that was against them, there were five for them.  Whether this was said from knowledge or guess, was perhaps never inquired.

It is the opinion of Clarendon, that in Waller’s plan no violence or sanguinary resistance was comprised; that he intended only to abate the confidence of the rebels by public declarations, and to weaken their powers by an opposition to new supplies.  This, in calmer times, and more than this, is done without fear; but such was the acrimony of the Commons, that no method of obstructing them was safe.

About this time another design was formed by Sir Nicholas Crispe, a man of loyalty, that deserves perpetual remembrance; when he was a merchant in the city, he gave and procured the king, in his exigencies, a hundred thousand pounds; and, when he was driven from the Exchange, raised a regiment, and commanded it.

Sir Nicholas flattered himself with an opinion, that some provocation would so much exasperate, or some opportunity so much encourage, the king’s friends in the city, that they would break out in open resistance, and would then want only a lawful standard, and an authorised commander; and extorted from the king, whose judgment too frequently yielded to importunity, a commission of array, directed to such as he thought proper to nominate, which was sent to London by the Lady Aubigny.  She knew not what she carried, but was to deliver it on the communication of a certain token which Sir Nicholas imparted.

This commission could be only intended to lie ready till the time should require it.  To have attempted to raise any forces would have been certain destruction; it could be of use only when the forces should appear.  This was, however, an act preparatory to martial hostility.

Crispe would undoubtedly have put an end to the session of Parliament, had his strength been equal to his zeal; and out of the design of Crispe, which involved very little danger, and that of Waller, which was an act purely civil, they compounded a horrid and dreadful plot.

The discovery of Waller’s design is variously related.

In “Clarendon’s History” it is told, that a servant of Tomkyns, lurking behind the hangings when his master was in conference with Waller, heard enough to qualify him for an informer, and carried his intelligence to Pym.

A manuscript, quoted in the “Life of Waller,” relates, that “he was betrayed by his sister Price, and her Presbyterian chaplain Mr. Goode, who stole some of his papers; and if he had not strangely dreamed the night before, that his sister had betrayed him, and thereupon burnt the rest of his papers by the fire that was in his chimney, he had certainly lost his life by it.”  The question cannot be decided.  It is not unreasonable to believe that the men in power, receiving intelligence from the sister, would employ the servant of Tomkyns to listen at the conference, that they might avoid an act so offensive as that of destroying the brother by the sister’s testimony.

The plot was published in the most terrific manner.

On the 31st of May (1643), at a solemn fast, when they were listening to the sermon, a messenger entered the church, and communicated his errand to Pym, who whispered it to others that were placed near him, and then went with them out of the church, leaving the rest in solicitude and amazement.  They immediately sent guards to proper places, and that night apprehended Tomkyns and Waller; having yet traced nothing but that letters had been intercepted, from which it appears that the Parliament and the city were soon to be delivered into the hands of the cavaliers.

They perhaps yet knew little themselves, beyond some general and indistinct notices.  “But Waller,” says Clarendon, “was so confounded with fear, that he confessed whatever he had heard, said, thought, or seen; all that he knew of himself, and all that he suspected of others, without concealing any person of what degree or quality soever, or any discourse which he had ever upon any occasion entertained with them; what such and such ladies of great honour, to whom, upon the credit of his wit and great reputation, he had been admitted, had spoken to him in their chambers upon the proceedings in the Houses, and how they had encouraged him to oppose them; what correspondence and intercourse they had with some Ministers of State at Oxford, and how they had conveyed all intelligence thither.”  He accused the Earl of Portland and Lord Conway as co-operating in the transaction; and testified that the Earl of Northumberland had declared himself disposed in favour of any attempt that might check the violence of the Parliament, and reconcile them to the king.

He undoubtedly confessed much which they could never have discovered, and perhaps somewhat which they would wish to have been suppressed; for it is inconvenient in the conflict of factions, to have that disaffection known which cannot safely be punished.

Tomkyns was seized on the same night with Waller, and appears likewise to have partaken of his cowardice; for he gave notice of Crispe’s commission of array, of which Clarendon never knew how it was discovered.  Tomkyns had been sent with the token appointed, to demand it from Lady Aubigny, and had buried it in his garden, where, by his direction, it was dug up; and thus the rebels obtained, what Clarendon confesses them to have had, the original copy.

It can raise no wonder that they formed one plot out of these two designs, however remote from each other, when they saw the same agent employed in both, and found the commission of array in the hands of him who was employed in collecting the opinions and affections of the people.

Of the plot, thus combined, they took care to make the most.  They sent Pym among the citizens, to tell them of their imminent danger and happy escape; and inform them, that the design was, “to seize the Lord Mayor and all the Committee of Militia, and would not spare one of them.”  They drew up a vow and covenant, to be taken by every member of either House, by which he declared his detestation of all conspiracies against the Parliament, and his resolution to detect and oppose them.  They then appointed a day of thanksgiving for this wonderful delivery; which shut out, says Clarendon, all doubts whether there had been such a deliverance, and whether the plot was real or fictitious.

On June 11, the Earl of Portland and Lord Conway were committed, one to the custody of the mayor, and the other of the sheriff; but their lands and goods were not seized.